Description: This recall involves Tea Collection Inc. children’s knit blue denim jackets with metal buttons and snaps. A tag sewn inside the neck reads “Tea.” Style number 6F22400-405 is printed on a hangtag attached to the garment. The jackets were sold in sizes XS to XL (sizes 2 through 12).

Incidents/Injuries: Tea Collection Inc. has received reports from six consumers about snaps falling off the jackets. No injuries have been reported.

Sold at: Specialty and other stores nationwide from August 2016 through December 2016 for about $60.

Wednesday, December 28, 2016

On December 28, 2016, the Office of the United States Trade Representative published in the Federal Register (81 FR 95722) 2017 Special 301 Review: Identification of Countries Under Section 182 of the Trade Act of 1974; Request for Public Comment and Notice of Public Hearing.

SUMMARY: Section 182 of the Trade Act of 1974 (Trade Act) requires the United States Trade Representative (Trade Representative) to identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The provisions of Section 182 are commonly referred to as the ``Special 301'' provisions of the Trade Act. The Trade Act requires the Trade Representative to determine which, if any, of these countries to identify as Priority Foreign Countries. The Office of the United States Trade Representative (USTR) requests written comments that identify acts, policies, or practices that may form the basis of a country's identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List. USTR also requests notices of intent to appear at the public hearing.

DATES: The schedule and deadlines for the 2017 Special 301 review are as follows:

February 9, 2017 at midnight EST: Written comments, notices of intent to testify at the Special 301 Public Hearing, and hearing statements from the public are due.

February 23, 2017 at midnight EST: Written comments, notices of intent to testify at the Special 301 Public Hearing, and although not mandatory, any prepared hearing statements from foreign governments are due.

February 28, 2017: The Special 301 Subcommittee will hold a public hearing at the Office of the United States Trade Representative, 1724 F Street NW., Rooms 1&2, Washington, DC 20508. If necessary, the hearing may continue on the next business day. Please consult the USTR Web site for confirmation of the date and location and the schedule of
witnesses.

March 3, 2017 at midnight EST: Post-hearing written comments from persons who testified at the public hearing are due.

On or about April 30, 2017: USTR will publish the 2017 Special 301 Report within 30 days of the publication of the National Trade Estimate (NTE) Report.

Tuesday, December 27, 2016

The Commission instituted this investigation
on December 18, 2015, based on a complaint filed by AAVN, Inc. of Richardson, Texas. The complaint alleged violations of section
337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain woven
textile fabrics and products containing same, by reason of infringement
of claims 1-7 of U.S. Patent No. 9,131,790 ("the '790 patent") and/or
by reason of false advertising. The notice of investigation named
fifteen respondents. In the course of the investigation, fourteen of
the respondents were terminated from the investigation based upon
settlement agreement or consent order. Remaining is Pradip Overseas
Ltd. of Ahmedabad, India.

In the complaint, AAVN accused Pradip of false advertising,
specifically alleging that Pradip misrepresented the thread count of
sheets manufactured in India, imported into the United Sates, and sold
in United States department stores ("800 Thread Count" sheets measured at
252.7 threads). Although Pradip responded to the complaint, Pradip later terminated its
relationship with its attorneys and represented that it would not
participate in the remainder of the investigation.

On September 2, 2016, AAVN moved for leave to file a summary
determination motion. The summary determination motion that was
appended argued, inter alia, that Pradip had violated section 337 by
falsely advertising the thread count of its imported sheets, that the
false advertising was deceptive, material, and injurious to AAVN. AAVN
sought a general exclusion order and 100 percent bond.

On November 10, 2016, the Administrative Law Judge granted the motion for summary
determination as the subject ID. The ALJ found that AAVN
had shown a violation of section 337 by reason of false advertising
under section 43 of the Lanham Act, 15 U.S.C. 1125(a)(1)(B). As to remedy, citing 19 U.S.C. 1337(d)(2), which sets
forth the test for issuance of a general exclusion order, id. at 16,
the ALJ found that ``the evidence shows a widespread pattern of
violation of Section 337,'' id. at 17. The ALJ also found that ``the
evidence shows that it is difficult to identify the source and
manufacturers of the falsely advertised products,'' because ``U.S.
retailers fail to identify the manufacturer, importer or seller of the
textile products at the point of sale.'' Id. at 18. Nor do import
records ``reveal the names of the original manufacturers of the
materials used to construct the imported products.'' Id. Accordingly,
the ALJ found ``that the evidence shows that it is difficult, if not
impossible, to identify the sources of the falsely advertised goods.''
Id. Based on these findings the ALJ recommended the issuance of a
general exclusion order. Id. In the alternative, the ALJ recommended
the issuance of a limited exclusion order. Id. at 19. The ALJ
recommended that bond be set at 100 percent of the entered value of the
falsely advertised products. Id.

In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent(s) being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered.

If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.

If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.

Written submissions and proposed remedial orders must be filed no
later than close of business on January 6, 2017. Reply submissions, if
any, must be filed no later than the close of business on January 13,
2017. Such submissions should address the ALJ's recommended
determinations on remedy and bonding which were made in Order No. 21.
No further submissions on any of these issues will be permitted unless
otherwise ordered by the Commission.

Sunday, December 18, 2016

On December 19, 2016, the Consumer Product Safety Commission published in the Federal Register
(81 FR 91923)
Notice of Availability of Regulatory Flexibility Act Section 610 Review of the Standard for the Flammability (Open Flame) of Mattress Sets

In 2006, the CPSC issued a Standard for the Flammability (Open Flame) of Mattress Sets under the Flammable Fabrics Act. (71 FR 13472, March 15, 2006). The Mattress Standard set forth test procedures and performance requirements that all mattress sets must meet before being introduced into commerce. These requirements are set forth at 16 CFR part 1633.

On April 3, 2015, the Commission published notice in the Federal Register (80 FR 18218) to announce that the CPSC would review the Mattress Standard in accordance with the regulatory review provisions of section 610 of the RFA (5 U.S.C. 610) and sought public comment on the rule review. This document announces the availability of completed regulatory review of the Mattress Standard.

The purpose of a rule review under section 610 of the RFA is to determine whether, consistent with the CPSC's statutory obligations, this standard should be maintained without change, rescinded, or modified to minimize any significant impact of the rule on a substantial number of small entities. Section 610 requires agencies to consider five factors in reviewing rules to minimize any significant economic impact of the rule on a substantial number of small entities including:

(1) The continued need for the rule;

(2) The nature of complaints or comments received concerning the rule from the public;

(3) The complexity of the rule;

(4) The extent to which the rule overlaps, duplicates or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and

(5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. 5 U.S.C. 610(b).

The CPSC received 16 written comments representing the views of mattress manufacturers, component manufacturers, fire safety representatives, third party testing bodies, environmental groups, trade associations, and consumers. Staff's briefing package reviews these comments and provides staff's analysis applying the factors listed in section 610 of the RFA to the Mattress Standard. As explained in the staff's briefing package, the staff concludes that the Mattress Standard should be continued without any changes. However, staff believes that stakeholders may benefit from additional outreach and training.

The Caribbean Basin Economic Recovery Act ("CBERA"), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act ("HOPE") provides duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences is known as the "value-added" provision, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The provision is subject to a quantitative limitation, which is calculated as a percentage of total apparel imports into the United States for each 12-month annual period. For the annual period from December 20, 2016 through December 19, 2017, the quantity of imports eligible for preferential treatment under the value-added provision is 337,117,964 square meters equivalent.

Friday, December 16, 2016

According to Furniture Today a Turkish enterprise has submitted a purchase agreement to acquire the assets of bankrupt fabric supplier Microfibres for $5.79 million.

Microfibres ceased domestic production in late January and declared Chapter 7 bankruptcy. The company had sales of $55.5 million in 2014 but fell more than 30% to $41.6 million in 2015.

Before filing for bankruptcy, Microfibres operated textile plants or maintained warehouses in Pawtucket, R.I.; Winston-Salem, N.C.; and Tupelo, Miss. The company also owned equity interests in companies located in Belgium, Hong Kong, China and Mexico.

BRUSSELS, BELGIUM, 15 December 2016 – Like a stubborn stain, the idea that wool is an allergen just won’t go away. Recent headlines about the uniforms of American Airlines flight attendants scapegoated the wool in the fabric even though the manufacturer’s standard uniform comprises more polyester than wool, and testing by the flight attendants union found detectable levels of chemicals commonly found in pesticides, fungicides and fertilizers.

Moreover, the union reported concerns that the manufacturing of the fabric, not its fibre content, was the source of the problem. Even so, the focus came down to wool “allergy.”

First, the facts. It is a common misconception that wool can cause an allergic reaction. Studies show that all fibres, not only wool, can provoke a prickle sensation on the skin if the fibre end is coarse enough. This prickle can be itchy and cause irritation, but it is not allergy.

While fine fibres bend and brush against the skin, coarse fibres tend to be more rigid and can trigger nerve endings in the skin’s surface.

The wool fibre exists in many levels of fineness, which is measured in microns. Most of the wool in clothing has an average diameter between 11.5 and 24 microns. Wool over 24 microns is generally used in interior textiles or outer-layer clothing that is not in contact with the skin.

Notably, so-called allergic reactions to wool garments have decreased within the last 50 years, coinciding with reduced use of many products previously used in the finishing stage of textile production.

New research shows wearing wool next to skin has significant benefits

Next, the news. Far from being an allergen, recent research conducted by The Woolmark Company has demonstrated that wearing superfine wool garments against the skin is therapeutic in the treatment of eczema (atopic dermatitis).

Dr Lynda Spelman of Queensland Institute of Dermatology says that participants in a study she conducted showed substantially reduced eczema symptoms when they wore superfine wool undergarments. None of the participants displayed an allergic or irritant reaction.

“We have seen substantial reductions in skin dryness, redness and itchiness and in the measured area of inflammation – and for a number of the patients, this is the first time a real solution to their condition has been presented,” Dr Spelman said.

She says the results appear to relate partly to the unique moisture management properties of wool.

“Wool is a hygroscopic fibre which has the ability to absorb up to 36% of its weight in water and create a thermal buffer between the skin and the external environment. The wool appears to be keeping the moisture content of the wearer’s delicate skin at the levels it should be, preventing it from becoming too dry and therefore reducing the risks of bacterial infection and the desire to scratch the itch.”

These findings are being documented and are due to be published in high-rating dermatological journals following peer review. Once published, The Woolmark Company and the International Wool Textile Organisation will take this message to the wool supply chain and consumer markets around the world.

“Many patients believed they were allergic to wool. However, we didn’t have a single patient withdraw from the study due to any types of intolerance of these superfine wools.”
– Angus Ireland, The Woolmark Company

At a recent IWTO meeting in Biella, Italy, Woolmark Company Fibre Advocacy and Eco Credential Program Manager Angus Ireland described the progress being made in understanding wool’s effects on health and wellbeing.

“The traditional advice to eczema sufferers to indiscriminately avoid wool against the skin, based on early commentaries that failed to distinguish between wool fibre types, can now be modified to include superfine Merino as a recommended next-to-skin clothing choice,” Mr Ireland said.

“It’s interesting to note that in the studies conducted, many patients believed they were allergic to wool. However, we didn’t have a single patient withdraw from the study due to any types of intolerance of these superfine wools.”

About IWTO. With a world-wide membership encompassing the wool pipeline from sheep to shop, the International Wool Textile Organisation represents the interests of the global wool trade. By facilitating research and development and maintaining textile industry standards, IWTO ensures a sustainable future for wool. For more information on wool and skin health, visit www.iwto.org/wool-skin.

As one of the largest manufacturing employers in the United States, the textile sector is a key component of the U.S. economy. CBP’s enforcement of textile tariff and trade law is critical to protecting revenue and ensuring a fair market for the domestic textile industry, which employs approximately 600,000 domestic workers.

The textile industry (FY 2016):

Represents more than $121.5 billion in annual imports,

Consists of about 74,600 importers, and

Generates approximately 42 percent of all duties collected by CBP.

Textiles have high duty rates, averaging 16 percent, compared to all other imports, which have an average duty rate of 2 percent. CBP collected $13.7 billion in textilerelated duties in FY 2016.

The United States is also one of the largest consumers of textiles in the world. Approximately 21 percent of all U.S. importers import textiles and apparel.

A main focus of CBP textile enforcement is to manage the enforcement of trade agreements and legislated preference programs, which allow eligible textile goods to enter the United States at preferential duty rates.

16.9 percent of all textiles and apparel are imported under a relevant trade agreement or preference program,

Staff from the U.S. CPSC, Health Canada, and PROFECO are jointly hosting a trilateral webinar to provide industry stakeholders—including manufacturers, importers, and exporters of general clothing, sleepwear, and textile products—with an overview of the relevant product safety requirements in the U.S., Canada, and Mexico. The webinar will start at 1:30 p.m. and last approximately 90 minutes. Presenting will be William Cusey, Acting Small Business Ombudsman, CPSC; Cristina Micali from the Consumer Product Safety Directorate, Health Canada; and Agustin Adame, Director of Physical and Technological Investigations, PROFECO.

HTSUS: 5507.00.00 Expired Provision: 9902.23.34 Petitioner: Jagger Brothers Filer: Agathon Associates Full discription: Staple fibers of rayon, carded, combed, or otherwise processed for spinning, the foregoing presented in the form of top (provided for in heading 5507.00.00)

HTSUS: 5403.10.30 Expired Provision: 9902.05.07 Petitioner: ICF Mercantile Filer: Agathon Associates Full discription: High tenacity single yarn of viscose rayon (provided for in subheading 5403.10.30) with a decitex equal to or greater than 1,000

802 Product: High tenacity rayon yarn

HTSUS: 5403.10.30 Expired Provision: No Petitioner: ICF Mercantile Filer: Agathon Associates Full discription: High tenacity yarn of viscose rayon; single yarn with a decitex less than 1,000 (provided for in subheading 5403.10.30)

HTSUS: 5108.10.80 Expired Provision: 9902.40.85 Petitioner: American Woolen Company Filer: Agathon Associates Full discription: Yarn of carded hair of Kashmir (cashmere) goats, of yarn count less than 19.35 metric, not put up for retail sale (provided for in subheading 5108.10.80)

HTSUS: 5516.42.00 Expired Provision: No Notes: Woven fabric of high wet modulus rayon fiber, containing less than 85% of high wet modulus rayon fiber, blended with Pima cotton, weighing more than 270 g/m2 but not more than 340 g/m2, of yarns of number 42 Nm or lower number, of a thread count of 150 to 160 per square centimeter, napped. The fabric is a subset of classification 5516.42.0060. The rayon is "Modal," a high wet modulus rayon fiber. According to Fairchild's Dictionary of Textiles it is: "rayon fiber having greater resistance to deformation when wet than does ordinary viscose rayon. Its physical structure, as a result of modification of the spinning process is more like that of cotton."" Petitioner: John Matouk & Co. Filer: Agathon Associates Full discription: Woven fabric of high wet modulus rayon fiber, containing less than 85% of high wet modulus rayon fiber, blended with cotton, weighing more than 270 g/m2 but not more than 340 g/m2, of yarns of number 42 Nm or lower number, of a thread count of 150 to 160 per square centimeter, napped. (provided for in subheading 5516.42.00)

HTSUS: 5211.20.29 Expired Provision: No "Notes: Woven fabric of cotton/polyester blend, containing more than 50% but less 85% by weight of cotton, bleached, of pique weave, of width 290cm or greater. The fabric is a subset of classification 5211.20.2990 HTSUS. According to Fairchild's Dictionary of Textiles, 7th Edition: "Woven pique is a double cloth... Always made with more ends than picks, and requires six or more harnesses on the loom. ... The three major types of piques are: (1) true woven pique that has filling cords (wales) is made rarely in the U.S.; generally imported. It is a double cloth with two warps, one fine and one heavy; and two fillings, one fine and one heavy (the latter the stuffer yarn). ... ; (2) fancy¬ woven piques are also true piques made with two warps, one fine and one heavy, and two fillings, as above. ...; (3) domestic piques are made with the cords (wales) running warpwise and are, strictly speaking, lightweight BEDFORD CORD fabric. They are woven with either carded or combed yarns with two warps, one fine and one heavy (the latter the stuffer yarn) and two fillings, one fine and one heavy. None of these should be confused with PIQUES." (Full dictionary entry uploaded at Number 14.)" Petitioner: John Matouk & Co. Filer: Foreign Trade Zone Solutions Full discription: Woven fabric of cotton/polyester blend, containing more than 50% but less 85% by weight of cotton, bleached, of pique weave, of width 290 cm or greater (provided for in subheading 5211.20.29)

1856 Product: Dyed pique fabric

HTSUS: 5211.39.00 Expired Provision: No "Notes: Woven fabric of cotton/polyester blend, containing more than 50% but less 85% by weight of cotton, dyed, of pique weave, of width 290cm or greater. The fabric is a subset of classification 5211.39.0090 HTSUS. According to Fairchild's Dictionary of Textiles, 7th Edition: "Woven pique is a double cloth... Always made with more ends than picks, and requires six or more harnesses on the loom. ... The three major types of piques are: (1) true woven pique that has filling cords (wales) is made rarely in the U.S.; generally imported. It is a double cloth with two warps, one fine and one heavy; and two fillings, one fine and one heavy (the latter the stuffer yarn). ... ; (2) fancy woven piques are also true piques made with two warps, one fine and one heavy, and two fillings, as above. ...; (3) domestic piques are made with the cords (wales) running warpwise and are, strictly speaking, lightweight BEDFORD CORD fabric. They are woven with either carded or combed yarns with two warps, one fine and one heavy (the latter the stuffer yarn) and two fillings, one fine and one heavy. None of these should be confused with PIQUES." (Full dictionary entry uploaded at Number 14.)" Petitioner: John Matouk & Co. Filer: Foreign Trade Zone Solutions Full discription: Woven fabric of cotton/polyester blend, containing more than 50% but less 85% by weight of cotton, dyed, of pique weave, of width 290cm or greater (provided for in subheading 5211.39.00)

2345 Product: Cotton terry cloth, 200 cm wide or wider

HTSUS: 5802.19.00 Expired Provision: Petitioner: John Matouk & Co. Filer: Foreign Trade Zone Solutions Full discription: Terry toweling and similar woven terry fabrics, of 100% cotton, bleached or dyed, of yarns of number 42 Nm or lower number, of width of 200 cm or wider. (provided for in subheading 5802.19.00)

2353 Product: Woven fabric of 100% cotton, matelasse, bleached

HTSUS: 5209.29.00 Expired Provision: No Notes: Woven fabric of 100% cotton, matelasse, woven with a puckered, blistered, or quilted appearance, of a width equal to or exceeding 290cm, bleached. The fabric is a subset of classification 5209.29.0090 HTSUS. According to Fairchild's Dictionary of Textiles: “Matelasse (matellasse) [mat-luh-say]. Word meaning cushioned or padded in French. 1. Originally a padded silk material; the ornamentation was produced by quilting in the loom. 2. A double or compound fabric: the quilted character and raised patterns are made on a jacquard or dobby loom. Crepe yarn and ordinary yarn are interlaced in the warp and filling, or only in the filling. In finishing, the crepe yarn shrinks and causes the ordinary yarn to pucker or blister to give the fabric a quilted or wadded effect. Some of the fabrics may have TINSEL YARNS worked into the pattern. Originally the fabric was made of cotton and used for men's vests; some cotton fabric is currently used for bedspreads. Now made of cotton, wool, or manufactured fibers. With manufactured fibers, one of the important recent uses has been for dress fabric. 3. A fabric that is made for use as upholstery with a mercerized cotton, ply-yarn warp and both manufactured fiber and heavy cotton ply-yarn filling, or it may have an all-manufactured fiber warp. Wherever the coarse filling yarn interlaces with the face fabric, it causes the remainder of the face to pucker, giving the quilted or blistered effect.” Petitioner: John Matouk & Co. Filer: Foreign Trade Zone Solutions Full discription: Woven fabric of 100% cotton, matelasse, woven with a puckered, blistered, or quilted appearance, of a width equal to or exceeding 290cm, bleached (provided for in subheading 5209.29.00)

2358 Product: Woven fabric of 100% cotton, matelasse, dyed

HTSUS: 5209.39.00 Expired Provision: No Notes: Woven fabric of 100% cotton, matelasse, woven with a puckered, blistered, or quilted appearance, of a width equal to or exceeding 290cm, dyed. The fabric is a subset of classification 5209.39.0080 HTSUS. According to Fairchild's Dictionary of Textiles: “Matelasse (matellasse) [mat-luh-say]. Word meaning cushioned or padded in French. 1. Originally a padded silk material; the ornamentation was produced by quilting in the loom. 2. A double or compound fabric: the quilted character and raised patterns are made on a jacquard or dobby loom. Crepe yarn and ordinary yarn are interlaced in the warp and filling, or only in the filling. In finishing, the crepe yarn shrinks and causes the ordinary yarn to pucker or blister to give the fabric a quilted or wadded effect. Some of the fabrics may have TINSEL YARNS worked into the pattern. Originally the fabric was made of cotton and used for men's vests; some cotton fabric is currently used for bedspreads. Now made of cotton, wool, or manufactured fibers. With manufactured fibers, one of the important recent uses has been for dress fabric. 3. A fabric that is made for use as upholstery with a mercerized cotton, ply-yarn warp and both manufactured fiber and heavy cotton ply-yarn filling, or it may have an all-manufactured fiber warp. Wherever the coarse filling yarn interlaces with the face fabric, it causes the remainder of the face to pucker, giving the quilted or blistered effect.” Petitioner: John Matouk & Co. Filer: Foreign Trade Zone Solutions Full discription: Woven fabric of 100% cotton, matelasse, woven with a puckered, blistered, or quilted appearance, of a width equal to or exceeding 290cm, dyed (provided for in subheading 5209.39.0080)

If you have any questions about any of these petitions, call David Trumbull at 617-237-6008.

ETC

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